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original intent

Responding to Reader Comments on Bork

June 10, 2009

     The thoughtful comments to my postings on why Robert Bork's nomination to the Supreme Court was not confirmed deserve what is hopefully an equally thoughtful response. 

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Robert Bork: (Part 3) A Critique of His Theory of Constitutional Interpretation

June 5, 2009

     Robert Bork was not wrong in emphasizing the importance of the interpretive principle of "original intent."  He was wrong, in my opinion, in failing to acknowledge the legitimacy of other methods of constitutional analysis, and in failing to carefully consider alternative methods of identifying the intent of the framers.

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Robert Bork: (Part 2) His Approach to Constitutional Interpretation

June 4, 2009

     It is difficult today to focus upon the topic I promised to discuss yesterday because so much news of constitutional importance is occuring … reports about Judge Sotomayor's decision protecting white racist speech – Hal Turner's arrest for threatening speech on his website – and, above all, President Obama's speech at Cairo University in [...]

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Robert Bork: Should He Have Been Confirmed? (Part 1)

June 3, 2009

     In 1987 Ronald Reagan nominated Robert Bork to be a justice of the United States Supreme Court.  Bork was a brilliant and experienced jurist, and yet despite his obvious qualifications for the position he was not confirmed.  Was the Senate justified in refusing to approve his appointment?

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Why People Disagree About the Meaning of the Constitution – Intent Arguments

October 14, 2008

     In the previous posts in this series I described the three types of textual arguments that people can make to interpret the Constitution: plain meaning, canons of construction, and intratextual arguments.  These are the various techniques that can be employed to interpret the written words of the Constitution.  But it is also possible to [...]

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